Ohio State Fair Building Gun Ban Fails All Tests for Constitutionality
“Welcome to the Ohio State Fair!” the official website declares, announcing the dates of admission from July 29 to August 9. “Discover the Ohio State Fair, a favorite family tradition since 1850! Come for the Midway, featuring exhilarating rides, and unleash all the fair flavors on your tastebuds with your favorite goodies from one of the amazing food vendors!”
Just prepare, if lawfully armed, to walk back to your car when any of that food and drink works its way through your system, and not alone if you bring your kids. And take even more time if you take a Park & Ride shuttle.
Why? WCMH NBC 4 Columbus tells us, “Concealed and open carry guns will be permitted at the Ohio State Fair.”
True, but “the spokesperson for the State Highway Patrol said Wednesday that there is a catch. Lt. Nathan Dennis said this is no different than in years past, but firearms are permitted outside only. Fair patrons are not permitted to bring guns inside any structures, including barns, food establishments and concert venues.”
The Ohio State Fair bans firearms inside enclosed buildings under state laws R.C. 2923.126 and R.C. 2923.1212. These statutes authorize property owners and persons in control of land to post conspicuous signs prohibiting firearms and concealed carry on the premises. The Ohio Expositions Commission, which operates the Ohio Expo Center and State Fair, utilizes this authority to restrict firearms inside all enclosed buildings and structures, regardless of whether the weapons are carried openly or concealed. While fairgoers are permitted to carry firearms in outdoor areas, anyone entering a building must either return their firearm to their vehicle or be turned away.
“Last year, we got an opinion from [State Attorney General Dave] Yost on agricultural societies saying that they are public subdivisions and must allow carry in the same way. The opinion only dealt with outdoor areas,” Dean Rieck, Buckeye Firearms Association Executive Director advised AmmoLand when asked about the restrictions. “We are additionally working on modifying Section 2923.126(B)(7) of the ORC to include fairs, festivals, and other public events in the list of areas where carry cannot be prohibited.
“We’ll continue working on it because it’s ridiculous to allow someone to legally carry while they walk past the Ferris wheel but ban it in the barn with the butter cow,” Rieck added.
It’s not only ridiculous, but it’s also unconstitutional by any standard, particularly using the text, history, and tradition criteria the Supreme Court established in the Bruen decision. But that said, even if rational basis, intermediate scrutiny, or strict scrutiny means-end evaluation tests were to be invoked, just common sense says it should still fail, because the right to keep and bear arms is a fundamental right and there’s no compelling state interest that says guns are okay on one side of a door but need to be banned for public safety on the other.
It’s even more inexcusable considering Ohio is known as a Second Amendment friendly state, “earning” an “F” grade from Giffords. Add to that “The Republican Party controls the offices of governor, secretary of state, attorney general, and both chambers of the state legislature.” What’s the hold up” Are they ensuring multiple “gun-free zones” and allowing the rights of their core constituents to be infringed because they’re afraid Democrats won’t vote for them?
To borrow an agricultural idiom, make hay while the sun shines. And put some fire in gun owner bellies before the “pivotal” midterms.
Barring that, it’s worth exploring what legal options are available, from an armed attendee having standing to file a lawsuit to DOJ Civil Rights Division AAG Harmeet Dhillon weighing in.
It’s also worth noting that the group that is exempt from having to disarm in buildings and bathrooms has a long history of public endangerment that continues.
Related Reading: Ohio County Fair ‘No Guns’ Signs Are Unacceptable Insults to Armed Patrons
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
